MARLON CARTER AN INDIVIDUAL v. MARLON WILLIAMS AN INDIVIDUAL CLARK COUNTY FUNERAL SERVICES INC NEVADA CORPORATION AND COUNTY FUNERAL SERVICES INC NEVADA CORPORATION (2024)

ORDER DISMISSING APPEAL

This is a pro se appeal from a district court order granting respondent Marlon Williams's motion for summary judgment. Eighth Judicial District Court, Clark County; Mark R. Denton, Judge.

Review of the notice of appeal and other documents before this court reveals jurisdictional defects. First, the notice of appeal was only served upon respondents’ counsel and appellant failed to “serve the notice of appeal on all parties to the action in the district court,” specifically defendants/counterclaimants Kenshia McKinzie, Shavonnie Carter, and Sheila Rae Winn. NRAP 3(d)(1); see NRAP 3(a)(2).

Second, the order resolving Williams's motion for summary judgment is not appealable as a final judgment because it does not appear to resolve all claims against all parties, and it does not appear to have been otherwise certified as final. See Lee v. GNLV Corp., 116 Nev. 424, 426, 996 P.2d 416, 417 (2000) (defining a final judgment); Rae v. All Am. Life & Cas. Co., 95 Nev. 920, 922, 605 P.2d 196, 197 (1979) (providing that when multiple parties are involved in an action, a judgment is not final unless the rights and liabilities of all parties are adjudicated); NRCP 54(b). Specifically, the order does not address any of the claims or counterclaims as to defendants/counterclaimants Shavonnie Carter and Sheila Rae Winn, and it does not appear from the record that these defendants/counterclaimants were dismissed from the district court action after they were (1) served with process, and/or (2) named as a party of record and made an appearance. Valley Bank of Nev. v. Ginsburg, 110 Nev. 440, 874 P.2d 729 (1994); Rae, 95 Nev. at 922, 605 P.2d at 197. Accordingly, this court lacks jurisdiction and we

ORDER this appeal DISMISSED.

Stiglich, J.

Pickering, J.

Parraguirre, J.